The TTABlog

JUNE 10, 2022

The Board reversed a genericness refusal to register the mark MULLET for "bicycles," on the Supplemental Register, giving the applicant the benefit of the doubt in light of the mixed evidentiary record. "[T]he Generic terms do not so qualify.'" Bator LLC , Serial No. Pologeorgis). "A See Merrill Lynch , 4 USPQ2d at 1143.

Registration 87

Registration Journalism Trademark Designs 87

The TTABlog

NOVEMBER 10, 2023

When trademark trial lawyers and their experts hear it, though, (regardless of the day), we think of.consumer surveys. That's because "Teflon" is the name for a specific type of survey method used to test for whether a trademark is "generic" in the marketplace. LLC , 2023 TTAB LEXIS 419 (Trademark Trial & App.

Branding 70

Branding Brands Branding Trademark 70

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? Avoid do-it-yourself trademark filings.

Branding 97

Branding Brands Branding Trademark 97

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Apple, Inc. Precedential Nos.

Registration 52

Registration Designs Design Trademark 52

The TTABlog

OCTOBER 6, 2022

Section 2(a) - False Suggestion of a Connection: TTAB Upholds Section 2(a) False Connection Refusal of US SPACE FORCE for License Plate Frames, Umbrellas Precedential No. Section 2(a) - False Suggestion of a Connection: TTAB Upholds Section 2(a) False Connection Refusal of US SPACE FORCE for License Plate Frames, Umbrellas Precedential No.

Service Mark 82

Service Mark Designs Design Ownership 82

Erik K Pelton

DECEMBER 28, 2020

And trademarks have been along for the ride. While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. The year’s biggest story impacted trademarks in a few different ways.

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Trademark All Rights Reserved Registration Branding 130

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. ii] Further, the Court barred a per se rule that a “generic.com” mark is automatically generic and thus cannot be trademarked. [ii]

Trademark 98

Trademark Registration Trademark Law Advertising 98

The TTABlog

DECEMBER 31, 2021

Section 2(a) - Deceptiveness: TTAB Affirms Section 2(a) Deceptiveness Refusal of SMART SUTURE for Bandages Section 2(a) - False Suggestion of a Connection : Precedential No. 31: TTAB Affirms Section 2(a) Refusal of "NATO" for Tents, for Falsely Suggesting a Connection With. Guess What? & Design" for Beer?

Cinema 67

Cinema Registration Trademark Reporting 67

Intepat

MAY 24, 2023

What is the Madrid System? More and more countries have signed up to this unique international trademark registration system. Through the Madrid System, WIPO offers centralized registration and management of international trademarks. The process of trademark registration internationally under the Madrid System can be read here.

Registration 52

Registration Trademark Intellectual Property Reporting 52

The TTABlog

JUNE 30, 2021

In an 87-page opinion issued nine days after oral argument, the Board sustained an opposition to registration of the proposed mark LIVE PHOTOS for "Computer software for recording and displaying images, video and sound" on the grounds of genericness and, alternatively, mere descriptiveness. They tell you what the thing is.” Gang Cao v.

Registration 57

Registration Copying Trademark Branding 57

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. Booking.com B.V.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? Yes] TTABlog Test: Is "R RADIAL YOKOHAMA G.T. [Yes]

Registration 57

Registration Designs Design Trademark 57

Patent Trademark Blog

APRIL 20, 2022

What is the #1 factor in filing a trademark application? For many businesses thinking of registering a trademark, cost is the biggest factor. It is often the first and only question asked of our trademark filing services. Trademark filings have become commoditized. I’m not surprised.

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Trademark Registration Registering Trademarks Blogging 52

Patently-O

APRIL 20, 2023

2023) In this trademark case, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) denying registration of the mark SPARK LIVING for residential real estate, based upon the prior registration of SPARK for commercial real estate. Refusal Affirmed. . —, 22-1094 (Fed.

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Registration Trademark Patent 67

The IPKat

MAY 3, 2023

Libel case: What libel case?" In both cases, these marks are ‘different’ from what’s already out there, and so seem to satisfy the test for distinctiveness on a cursory level, but it is doubtful whether consumers really will see them as indicative of origin without considerable training. What can be done? Why is this noteworthy?

Registration 92

Registration Trademark Licensing Litigation 92

LexBlog IP

APRIL 27, 2022

A fanciful trademark is the strongest trademark type and, in addition to providing examples below, we define it as one that is “coined” for the purpose of serving as a trademark. EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? What is a Supplemental Register Trademark?

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 82

Trademark Registration Intellectual Property Intellectual Property Law 82

Patent Trademark Blog

SEPTEMBER 7, 2021

Do you need a registration in order to use a trademark? Unless a trademark application is based on a foreign registration , the applicant would be required to show usage of the applied-for mark on the relevant goods or services before the USPTO will issue a trademark registration. Think about your own company.

Registration 40

Registration Trademark Cease and Desist Ownership 40

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. What can you do? One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

Registration 52

Registration Trademark Litigation Blogging 52

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

43(B)log

AUGUST 4, 2021

Conflict over whether this is a general monitoring obligation. I wonder what it would be like if it had been written just for photographic works. Automated mechanisms are supposed to be used for identification but not legal assessment. RT: “Limited portion” is more true with video and songs, less true with photography.

Copyright 90

Copyright Trademark Copying Fair Use 90

LexBlog IP

APRIL 23, 2022

There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” ” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” A video of me explaining the trademark classes. What Are Trademark Classes?

Trademark 52

Trademark Business Music Advertising 52

43(B)log

FEBRUARY 18, 2022

Lolita Darden, Stopping Zombie Company Trademark Abuse and Consumer Deception in Trademark Abandonment Cases Based on clinic work. If you want to give the ex-company standing to represent consumers, that will likely create Article III problems under current law—so far class actions don’t generate the same Art.

Trademark 59

Trademark False Advertising Fair Use Branding 59

LexBlog IP

DECEMBER 30, 2021

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

Trademark 52

Trademark Business Cinema Music 52

43(B)log

FEBRUARY 23, 2024

But the flipside is that it’s seen in light of what the Office needs to worry about. What matters is what the TMEP says the court said, which isn’t always the same as what the court said; sometimes says “the court can’t have meant that.” that something needs to change, then it can change quite quickly.

Registration 59

Registration Branding Brands Branding 59

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! For some previous posts that do discuss this interplay, check here for a post by Prof. Basheer and here for a post by Prof. Arul Scaria). On page no.

IP 98

IP Intellectual Property Reporting Government 98

43(B)log

MAY 22, 2023

Although inherent distinctiveness is also relevant to strength generally, there was no argument that plaintiffs’ marks were inherently distinctive. But an endorser’s face and body fall nowhere on the familiar spectrum from “arbitrary” to “generic”; their identity inherently is their mark. Some limits on the Polaroid spectrum!

Social Media 49

Social Media False Advertising Advertising Advertising 49

IIPRD

NOVEMBER 16, 2021

In 1873, the foreign exhibitors refused to attend the ‘International Exhibition of Invention in Vienna’ due to the fear that their idea would be stolen and will be used commercially. What the ‘security’ is? Since 2019, coronavirus hit the whole world and it is now for 2 years, we are facing this unfortunate pandemic.

Intellectual Property 40

Intellectual Property IP Invention Licensing 40

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. See registration fee.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

The TTABlog

JANUARY 2, 2024

34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Which of These Three Section 2(d) Refusals Was/Were Reversed? Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. Guess What? Precedential No. KEEP AMERICA GREAT!

Registration 70

Registration Designs Design Reporting 70

SpicyIP

DECEMBER 17, 2023

Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines. AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? Can AI Generated works be regarded as “works” capable of protection under copyright law?

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

MAY 21, 2023

Image from here We are having a lot of trademark disputes these days (keep a check on our weekly reviews.); What caught my interest is the unclarity of the relevant “viewer” of the advertisement as per the Court. with every other day seeming to bring new issues to look at. Who is the “Viewer”?:

Trademark 59

Trademark Advertising Advertising Invention 59

SpicyIP

AUGUST 8, 2021

She agrees with the observation that a broader principle of RTBF was undesirable here, in the interest of judicial transparency that would likely invite litigation from those with influence and means, regardless of the circumstances of the acquittal and what evidence or perceptions it was based on. Farxiga (DAPA) logo (image from here).

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Privacy Journalism Inventor Music 105

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. What causes us to use old tools in new situations?

Trademark 49

Trademark Branding Brands Branding 49

Trademark and Copyright Law Blog

APRIL 7, 2020

federal trademark register serves as a historical record of this entrepreneurial spirit, from the various applications related to 9/11 in the wake of that tragedy, to the dozen BOSTON STRONG trademark applications filed soon after the Boston Marathon bombing. That quote may not be entirely accurate, but the U.S.

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Trademark Branding Brands Branding 52